Sale of Supplemental Quantity Sample Clauses

Sale of Supplemental Quantity. (a) The Borrower shall be permitted to enter into LNG SPAs (and, in the case of any DPU LNG SPA permitted hereunder, shipping arrangements relating thereto) in respect of all or any portion of the Supplemental Quantity, which LNG SPAs may be of any duration, on any terms and to buyers of any credit quality; provided that: (i) the Required LNG SPAs are then in full force and effect; (ii) either (A) such LNG SPA has a term that is less than 5 years (measured from the Commercial Operation Date thereunder) or (B) such LNG SPA is entered into with (1) an Initial LNG Buyer, (2) an Investment Grade LNG Buyer (or guaranteed by an Investment Grade entity), (3) an entity with consolidated net tangible assets of at least $3 billion per 1.0 MTPA of ACQ (or guaranteed by an entity with such consolidated net tangible assets) or (4) any other entity approved by the Intercreditor Agent; (iii) each buyer thereunder is instructed to pay the contract sales price to the Phase 1 Pre-Completion Revenues Account, Phase 2 Pre- Completion Revenues Account or the Revenue Account as required by Section 8.6 (Payment of LNG Sales Proceeds); (iv) the performance by the Borrower of its obligations under such LNG SPAs could not reasonably be expected to have a material adverse effect on the ability of the Borrower to perform its obligations under the Required LNG SPAs; (v) such LNG SPA is on Market Terms; (vi) the entry into and the terms of such LNG SPA shall not result in a breach or default of any Required LNG SPA then in effect or the Impairment of any then-required material Permit; (vii) [reserved]; and (viii) delivery of LNG under such LNG SPA is on an FOB basis or, subject to the DPU LNG SPA Quantity Restrictions, on a DPU basis pursuant to a DPU LNG SPA (subject to the ability of the Borrower to replace an LNG SPA that is on a FOB basis with a DPU LNG SPA). (b) The Borrower shall be permitted to enter into the Excess Capacity LNG SPAs and any other LNG SPAs or replacements thereof in respect of all or any portion of the Excess Capacity Quantity, which LNG SPAs may be of any duration, on any terms and to buyers of any credit quality.
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Related to Sale of Supplemental Quantity

  • Amendments This Agreement may not be amended, modified or waived as to any particular provision, except by a written instrument executed by all parties hereto.

  • Representations and Warranties Borrower represents and warrants as follows:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

  • Dimensions Education Bachelor’s or Master’s Degree in Computer Science, Information Systems, or other related field. Or equivalent work experience. A minimum of 5 years of IT work experience with demonstrated knowledge in architecture design, software development, database management systems and systems integration in multi-platform environments.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

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